The ruling of discretionary punishment for the drinker of intoxicants: Does it return to the ijtihad of the Imam?
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The questioner : The statement that discretionary punishment is obligatory, meaning it is not a fixed punishment, is obligatory based on the hadith of the Messenger of Allah (peace and blessings be upon him) regarding the drinker of intoxicants specifically, because there is an explicit text in this matter?
The Shaykh : Yes, yes, there is no doubt in this matter... There is no doubt that it does not return to the ijtihad of the Imam; the discretionary punishment must be carried out. This is a good observation. That is, where there is an explicit text regarding discretionary punishment, the Imam cannot have the option in this or in other matters, such as reducing the value in the issue of concealing lost property or burning the luggage of a thief. We cannot say that this returns to the ijtihad of the Imam. Therefore, where there is an explicit text regarding discretionary punishment, it must be executed.
The questioner : ... ؟
The Shaykh : Yes, and also, according to the correct opinion, we take it and half of his wealth.
The questioner : We said it returns to the ijtihad of the ruler.
The Shaykh : Regarding the wealth, is it only the wealth from which he withheld zakah, or all of his wealth? As for taking it, it is necessary.
The questioner : Does the one who commits sodomy receive a fixed punishment or a discretionary punishment?
The Shaykh : What? The one who commits sodomy?
The questioner : Yes.
The Shaykh : You were not present with us in the lesson on hudud. When did you join us in the chapter on hudud...?
The Shaykh : Yes, yes, there is no doubt in this matter... There is no doubt that it does not return to the ijtihad of the Imam; the discretionary punishment must be carried out. This is a good observation. That is, where there is an explicit text regarding discretionary punishment, the Imam cannot have the option in this or in other matters, such as reducing the value in the issue of concealing lost property or burning the luggage of a thief. We cannot say that this returns to the ijtihad of the Imam. Therefore, where there is an explicit text regarding discretionary punishment, it must be executed.
The questioner : ... ؟
The Shaykh : Yes, and also, according to the correct opinion, we take it and half of his wealth.
The questioner : We said it returns to the ijtihad of the ruler.
The Shaykh : Regarding the wealth, is it only the wealth from which he withheld zakah, or all of his wealth? As for taking it, it is necessary.
The questioner : Does the one who commits sodomy receive a fixed punishment or a discretionary punishment?
The Shaykh : What? The one who commits sodomy?
The questioner : Yes.
The Shaykh : You were not present with us in the lesson on hudud. When did you join us in the chapter on hudud...?